MBE Rules · Torts
Private nuisance
The rule
Substantial and unreasonable interference with another's use and enjoyment of their land. Substantial = offensive to a normal person in the community. Unreasonable = gravity of harm outweighs utility of conduct. Remedy: damages and/or injunction (court balances equities).
In plain English
Private nuisance happens when someone's actions make it really hard for you to enjoy your property, and the trouble they cause is bigger than any good from their actions.
Worked example
The defendant runs a factory that emits loud noises all night, disturbing neighbors' sleep. The noise is so disruptive that it outweighs the factory's benefits, leading to a court ordering them to reduce noise levels.
Memory hook
Noise next door? Nuisance knocks. It's substantial if it bothers a normal neighbor; unreasonable if harm outweighs benefits.
The trap
Students think: any inconvenience is nuisance. Wrong, because it's only nuisance if interference is substantial and unreasonable. The actual test is community standards and harm vs. utility.
How examiners test it
The MBE loves: noisy neighbor with beneficial activity (e.g., daycare). Question: nuisance? Trap: students overlook community norms or utility of the neighbor's conduct.
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